Effective Law for Rural Environmental Governance: Meta‑Governance Reform and Farm Stewardship

Abstract

In this chapter we consider some less obvious systemic challenges and opportunities to overcome issues that limit conventional environmental governance approaches. We then propose some approaches to reform meta-governance processes – that is, to the governance of governance frameworks themselves.8 These proposals concern the arrangements used to create, review, reform and implement governance instruments, rather than the content of legal instruments. It is at this level that the greatest challenges to legal effectiveness exist, and the most significant innovations are needed. The major innovation we propose is not a new instrument, though this will also be needed. Rather, we suggest reforms to meta-governance processes. These changes will be needed to ensure that instrumental innovations (i) can be effectively implemented by the people who are required to take action, (ii) are efficient in how they operate at the front line, and (iii) fairly allocate the costs and benefits of protecting biodiversity and of the governance system itself.